Hon. Justice Osatohanmwen Obaseki-Osaghae of the Abuja Judicial Division of the National Industrial Court has ordered the Nigerian Navy, Nigerian Navy Board, and the Chief of Naval Staff to restore Commodore Adebayo to his pre-trial rank of Commodore with effect from 27th September 2016 as ordered by the Court of Appeal, and affirmed by the Judgment of the Supreme Court, with payment of outstanding salaries, and allowances, up until September 2022, and terminal benefits on the rank of Commodore, within 60 days within 60 days.
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The Court ordered that upon failure of the Nigerian Navy, Nigerian Navy Board, and the Chief of Naval Staff to comply with the orders above, the Nigerian Navy, the Nigerian Navy Board, and the Chief of Naval Staff shall be liable, jointly and severally, to pay Commodore Adebayo damages in the sum of N300,000,000.00 (Three Hundred Million Naira).
Justice Obaseki faulted the action of the Nigerian Navy, Nigerian Navy Board, and the Chief of Naval Staff for being contemptuous of the decision of the Court of Appeal as Commodore Adebayo was still being punished, and serving the sentence of reduction in rank from Commodore to Captain meted out on him; and he lost his seniority in the Service despite his pleas that his rank be restored as ordered by the Court of Appeal.
From facts, the claimant, Commodore Adebayo had submitted that he was arraigned before a Special Court Martial in 2016 where he was convicted on one count and reduced in rank from Commodore to Captain, but the Court of Appeal subsequently set aside the conviction, nullified the proceedings and ordered the Nigerian Navy to restore him to his former rank, a directive he said was ignored despite several representations.
Commodore Adebayo aggrieved that he was not considered for promotion to the rank of Rear Admiral in 2022 due to the Nigerian Navy’s refusal to restore his rank of Commodore as ordered by the Court, and seeks an order compelling the Defendants to restore him to the rank of Rear Admiral. Commodore Adebayo contended that while the Defendant’s appeal was pending in the Supreme Court, he was served with a notice of voluntary retirement in June 2023.
In defense, the Defendants- the Nigerian Navy, the Nigerian Navy Board and the Chief of Naval Staff averred that Commodore Adebayo’s rank was restored in 2022 after due administrative procedures in compliance with the judgment of the Court of Appeal, that promotion to the rank of Rear Admiral is not automatic but subject to strict service requirements, performance evaluation and availability of vacancies, and that his retirement followed established service regulations and military tradition following the appointment of his juniors as Service Chiefs.
In opposition, Commodore Adebayo’s counsel, Odion Peter Odia Esq, argued that rather than obey the Judgment of the Court of Appeal in 2018, his client was made to sit for a promotion exam from Navy Captain to Commodore, instead of Commodore to Rear Admiral. Counsel submitted that the orders of the Court of Appeal that his client should not suffer any disadvantage in his seniority in the said rank as a result of the trial are valid and binding, and urged the Court to grant the reliefs sought.
Delivering the judgment, the presiding Judge, Hon. Justice O. A. Obaseki-Osaghae held that the Nigerian Navy and others were fully aware of the subsisting judgment of the Court of Appeal delivered in July 2018 yet failed to comply with the unambiguous order directing the restoration of Commodore Adebayo to his rank, and that the filing of an appeal without obtaining a stay of execution did not absolve the Nigerian Navy from obeying the judgment.
Justice Obaseki-Osaghae further held that the letter issued to Commodore Adebayo in 2022 was clearly a promotion and not a restoration as ordered, emphasised that restoration and promotion are distinct both in meaning and effect, and stated that the failure to restore him timeously resulted in loss of seniority and placed him at a disadvantage among his contemporaries in the service.
The Court reasoned that the failure and/or refusal of the the Nigerian Navy, Chief of Navy Staff to obey the order of the Court of Appeal to restore the Commodore Adebayo to his rank of Commodore clearly put him at a disadvantage in the Service, that instead of being considered for promotion to a rank higher than Commodore, the Adebayo was considered by the Defendants “among other eligible officers for promotion from the rank of Captain to the flag rank of Commodore”, as stated in the notification of promotion letter.
Justice Obaseki faulted the action of the Nigerian Navy, Chief of Naval Staff for being contemptuous of the decision of the Court of Appeal as Commodore Adebayo was still being punished by the Defendants, and serving the sentence of reduction in rank from Commodore to Captain meted out on him; and he lost his seniority in the Service despite his pleas to the Defendants that his rank be restored as ordered by the Court of Appeal.
“The duty of this Court in light of the disobedience and contemptuous attitude of the Defendants to the Judgments and Order of the Court of Appeal and Supreme Court, is to uphold the rule of law, and ensure that public confidence in the Judiciary is not eroded.
“Costs in the sum of N5,000,000.00 (Five Million Naira) awarded the Claimant.” The Court ruled.
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